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Who
are
the
public
officials
who
cannot
practice
law
in
the
Philippines?
i. Judges
and
other
officials
or
employees
of
the
superior
court
ii. Officials
and
employees
of
the
Office
of
the
Solicitor
General
iii. Government
prosecutors
iv. President,
Vice
President,
members
of
the
cabinet,
their
deputies
and
assistant
v. Chairmen
and
members
of
the
Constitutional
Commissions
vi. Ombudsman
and
his
deputies
vii. Governors,
city
and
municipal
mayors
viii. Those
who
by
special
law
are
prohibited
from
engaging
in
the
practice
of
their
legal
profession
2. Who
are
the
public
officials
with
restrictions
in
the
practice
of
law?
i. Senators
and
members
of
the
House
of
Representatives
ii. Sanggunian
members
iii. Retired
justice
or
judge
(within
one
year
from
date
of
retirement.
The
magistrate
cannot
practice
law
in
the
particular
court
where
he
performed
his
judicial
duties)
iv. Civil
service
office
or
employees
without
permit
from
their
respective
department
heads
3. What
are
the
restrictions
in
the
practice
of
law
on
members
of
the
legislature?
i. A
lawyer-‐member
of
the
legislature
is
prohibited
from
appearing
as
counsel
before
any
courts
of
justice,
electoral
tribunals
or
quasi-‐judicial
and
administrative
bodies.
The
prohibition
includes
the
mere
filing
of
a
motion
or
any
pleading.
ii. Neither
can
he
allow
his
name
to
appear
in
such
pleading
or
as
part
of
a
firm
name
under
the
signature
of
another
qualified
lawyer
because
the
signature
of
an
agent
amounts
to
a
signing
of
a
non-‐qualified
senator
or
congressman,
the
office
of
an
attorney
being
originally
of
agency
and
because
he
will,
by
such
act,
be
appearing
in
court
or
quasi-‐judicial
or
administrative
body
in
violation
of
the
constitutional
restriction
4. What
are
the
restrictions
in
the
practice
of
law
by
Sanggunian
members?
i. Appear
as
counsel
before
any
court
in
any
civil
case
wherein
a
local
government
unit
or
any
office,
agency
or
instrumentality
of
the
government
is
the
adverse
party
ii. Appear
as
counsel
in
any
criminal
case
wherein
an
officer
or
employee
of
the
national
or
local
government
is
accused
of
an
offense
committed
in
relation
to
his
office
iii. Collect
any
fee
for
their
appearance
in
administrative
proceedings
involving
the
local
government
unit
of
which
he
is
an
official
iv. Use
property
and
personnel
of
the
government
except
when
the
Sanggunian
member
concerned
is
defending
the
interest
of
the
government
5. Are
members
of
the
sanggunian
panlalawigan….authorized
to
practice
their
profession,
engage
in
any
occupation
or
teach
in
schools
outside
session
hours?
Is
there
a
need
for
them
to
secure
permission?
i. They
are
required
to
hold
regular
sessions
only
at
least
once
a
week
ii. The
law
itself
grants
them
the
authority
to
practice
their
professions,
engage
in
any
occupation
or
teach
in
schools
outside
session
hours
iii. No
need
for
them
to
secure
prior
permission
6. Is
a
punong
barangay
forbidden
to
practice
his
profession?
i. No.
But
he
should
procure
prior
permission
or
authorization
from
the
head
of
his
department
as
required
by
civil
service
regulations
i. Secretary
of
Interior
and
Local
Government
7. What
are
the
restrictions
in
the
practice
of
law
by
retired
justices
and
judges?
i. Any
civil
case
wherein
the
government
or
any
subdivision
or
instrumentality
thereof
is
the
adverse
party
ii. Any
criminal
case
wherein
an
officer
or
employee
of
the
government
is
accused
of
an
offense
committed
in
relation
to
his
office
iii. Collect
any
fees
for
his
appearance
in
any
administrative
proceedings
to
maintain
an
interest
adverse
to
the
government,
provincial
or
municipal,
or
to
any
of
its
legally
constituted
officers
8. In
civil
cases,
may
an
individual
litigant
handle
his
case
personally?
If
the
accused
is
charged
with
an
offense
punishable
by
more
than
6
month
of
imprisonment,
can
he
defend
himself
w/out
the
assistance
of
counsel?
i. Civil
cases,
an
individual
litigant
has
the
right
to
handle
his
case
personally
ii. In
criminal
cases,
a
layman
must
always
appear
by
counsel
in
grave
and
less
grave
offenses.
He
cannot
conduct
his
own
defense,
as
his
right
to
counsel
may
not
be
waived
without
violating
his
right
to
due
process
of
law.
iii. If
the
accused
is
charged
with
an
offense
not
exceeding
30
days
he
is
allowed
to
defend
himself
but
if
he
is
charged
with
an
offense
punishable
by
more
than
6
months
imprisonment
he
must
be
defended
by
counsel
9. What
are
the
fourfold
duties
of
lawyers?
i. Duties
to
the:
i. Society
ii. The
legal
profession
iii. The
courts
iv. The
clients
v. IN
ACCORDANCE
WITH
THE
VALUES
AND
NORMS
OF
THE
LEGAL
PROFESSION
10. What
is
the
essence
of
forum
shopping?
i. The
filing
of
multiple
suits
involving
the
same
cause
of
action,
either
simultaneously
or
successively,
for
the
purpose
of
obtaining
favorable
judgment
i. Their
first
duty
Is
not
to
their
clients
but
to
the
administration
of
justice
11. What
is
the
legal
remedy
of
a
lawyer
if
he
is
not
satisfied
with
the
decision
of
the
court?
i. The
lawyer
may
criticize
the
court’s
ruling
based
on
the
merits
of
the
case
but
he
may
not
attack
the
personality
of
the
judge.
If
he
is
not
satisfied
with
the
ruing
of
the
court,
he
may
appeal
from
such
ruling
to
a
higher
court
12. Define
counsel
de
oficio
i. A
lawyer
appointed
by
the
court
to
defense
an
accused
who
cannot
afford
to
hire
the
services
of
counsel
13. Notary
Public
i. A
person
appointed
by
the
court
whose
duty
is
to
attest
to
the
genuineness
of
any
deed
or
writing
in
order
to
render
the
available
as
evidence
of
facts
stated
therein
and
who
is
authorized
by
the
statute
to
administer
oaths
14. Qualifications
of
a
Notary
Public
i. Citizen
of
the
Philippines
ii. Over
21
years
of
age
iii. A
resident
in
the
Philippines
for
at
least
one
year
and
maintains
a
regular
place
of
work
or
business
in
the
city
or
province
where
the
commission
is
to
be
issued
iv. A
member
of
the
Philippine
bar
in
good
standing
with
clearances
from
the
office
of
the
bar
confidant
of
the
Supreme
Court
and
the
IBP
v. Must
not
have
been
convicted
in
the
first
instance
of
any
crime
involving
moral
turpitude
15. Jurisdiction
and
term
i. A
notary
public
may
perform
notarial
acts
in
any
place
within
the
territorial
jurisdiction
of
the
commissioning
court
for
a
period
of
2
years
starting
from
the
1st
day
of
January
of
the
year
in
which
the
commissioning
is
made
unless
earlier
revoked
or
the
Notary
Public
has
resigned
according
to
these
rules
and
the
rules
of
court
16. What
are
the
exceptions
to
the
general
rule
that
the
Notary
Public
shall
perform
his
notarial
act
in
his
regular
place
of
work
or
business?
i. GENERAL
RULE:
Notary
public
shall
not
perform
a
notarial
act
outside
his
jurisdiction
and
his
regular
place
of
work
or
business
EXCEPTIONS:
• Public
offices,
convention
halls
and
similar
places
where
oaths
of
office
may
be
administered
• Public
function
areas
in
hotels
and
similar
places
for
signing
of
instruments
or
documents
requiring
notarization
• Hospitals
and
medical
institutions
where
a
party
to
the
instruments
or
documents
is
confined
for
treatment
• Any
place
where
a
party
to
the
instrument
or
document
requiring
notarization
is
under
detention
17. What
should
a
notary
public
do
if
the
affiant
who
signed
the
instrument
is
not
present?
i. A
person
shall
not
perform
a
notarial
act
if
the
person
involved
as
signatory
to
the
instrument
or
document
is
not
in
the
notary’s
presence
at
the
time
of
the
notarization
18. Disqualifications
i. A
party
to
the
instrument
or
document
ii. Will
receive,
as
a
direct
or
indirect
result,
any
commission,
fee,
advantage,
right,
title,
interest,
cash,
property,
or
other
consideration,
except
as
provided
by
there
rules
and
by
law
iii. Is
a
spouse,
common-‐law
partner,
ancestor,
descendant
or
relative
by
affinity
or
consanguinity
of
the
principal
with
the
fourth
civil
degree
19. May
a
notary
public
notarize
a
married
couple’s
affidavit
of
legal
separation?
i. No
because
an
agreement
of
legal
separation
is
contrary
to
law
20. What
is
an
improper
document?
i. A
blank
or
incomplete
instrument
or
document
or
without
appropriate
notarial
certification
21. Define
amicus
curiae
and
of
counsel
i. Amicus
curiae-‐
an
experienced
and
impartial
lawyer
invited
by
the
court
to
appear
and
help
in
the
disposition
of
the
issues
submitted
to
it.
An
amicus
curiae
appears
in
the
court
not
to
represent
any
particular
party
but
only
to
assist
the
court
ii. Of
counsel-‐
An
experience
lawyer
usually
a
retired
Justice
of
the
Supreme
Court
or
Court
of
Appeals
employed
by
law
firms
as
consultants
22. The
act
of
receiving
money
as
acceptance
fee
for
legal
services
and
subsequently
failing
to
render
such
services
is
a
clear
violation
of
what
Canons
of
the
Code
of
Professional
Responsibility?
WHEREFORE, the Court finds respondent Atty. Cornelius M. Gonzales GUILTY of violating
Canons 16, 17, and 18, and Rules 16.01, 16.03, 18.03, and 18.04 of the Code of Professional
Responsibility.
23. What
factors
shall
guide
a
lawyer
in
determining
his
fees?
i. Time
spent
and
the
extent
of
the
services
rendered
or
required
ii. Novelty
and
difficulty
of
the
questions
involved
iii. Importance
of
the
subject
matter
iv. Skills
demanded
v. Probability
of
losing
other
employment
as
a
result
of
acceptance
of
the
proferred
case
vi. Customary
charges
for
similar
services
and
the
schedule
of
fees
of
the
IBP
chapter
to
which
he
belongs
vii. Amount
involved
in
the
controversy
and
the
benefits
resulting
to
the
client
from
the
service
viii. Contingency
or
certainty
of
compensation
ix. Character
of
the
employment,
whether
occasional
or
established
x. Professional
standing
of
the
lawyer